Report from the First Bankruptcy Section Council Meeting

By John Small

Dear Members of the Bankruptcy Section:

The first Bankruptcy Section Council meeting was held on August 22 in Raleigh. The Council adopted the Section’s budget for 2019-20 fiscal year. The budget provides for more funds for networking events and for certain costs related to the 2019 Annual Bankruptcy Institute, including $4,000 to reduce the cost of the annual seminar, keeping the price of the annual seminar under $500 for those registering as section members at the early bird rate.

The Council received a report from Pam McAfee and Margaret Westbrook, co-chairs for planning the 2019 Annual Bankruptcy Institute to be held in Wilmington on November 22-23. The keynote speaker will be Irving Picard, who is the trustee in the Bernie Madoff bankruptcy cases. This seminar will also feature new formats, including a judge’s roundtable and a trial demonstration. We hope to see you at the seminar and the networking events in Wilmington.

The Section’s new Networking Committee reported on its initial activities and future plans for this year. The Committee is seeking to have networking events in each district, in addition to the networking events associated with the Annual Bankruptcy Institute and the Council meetings. It is currently working to schedule an event on Thursday night of the Annual Bankruptcy Institute to welcome participants and provide opportunities to connect with others. Please contact one of the Committee chairs—Cindy Oliver, Samantha Brumbaugh, or Andy Houston—with any other ideas you may have for networking events.

The Legislative Committee has spent untold hours at meetings, on telephone calls, and at the General Assembly seeking to promote passage of the receivership legislation previously approved by the Council and supported by the NCBA Board of Governors through the General Assembly. The legislation passed the Senate and is now in committee in the House. The Legislative Committee is working to clarify certain amendments made in the Senate, and to address issues raised by special interest groups.

The Business Committee is focusing on learning about methods used in other districts to increase the number of Chapter 11 filings in North Carolina and will be reporting back to the Council on its findings. In addition, the Committee was seeking to provide additional training and information based upon the proposed change in the debt limits for Chapter 12 cases. The day after the Council meeting, the President signed into law the legislation increasing the debt limit in Chapter 12 and amending Chapter 11 to assist the reorganization of small businesses.

The Consumer Committee and Pro Bono Committee are working together to increase participation in the North Carolina Bar Foundation’s Lawyer on the Line program. The valuable program is an excellent resource for our state’s consumers.

Finally, Anna Osterhout, the immediate past chair of the Section, leads the Nominations Committee. There are seven seats on the Council that will be filled at the annual meeting. Please contact her if you would like to recommend someone to serve on the Council.

All of the Section’s Committees are hard at work, even though not all were mentioned here. We encourage you to join a committee and become more involved in the Section. All of the Committees and their chairs are listed on the Section’s page on the North Carolina Bar Association website.

We hope to see you at the Annual Bankruptcy Institute in November. If you have any questions or ideas, please contact me.

John Small, Chair
NCBA Bankruptcy Section 2019-2020